Order in Council Establishing New Brunswick

(Approved June 18, 1784)




AT THE COURT AT ST. JAMES'S

THE 18TH DAY OF JUNE, 1784

PRESENT

THE KING'S MOST EXCELLENT MAJESTY IN COUNCIL

    WHEREAS there was this Day read at the Board, a Report
from the Right Honourable the Lords of the Committee of
Council appointed for the Consideration of all Matters relating
to Trade and Foreign Plantations, dated the 15th of this instant,
in the words following viz:

    "YOUR MAJESTY having been pleased by your Order in
"Council of the 14th of last Month to referr unto this Committee
"a letter from the Right Honble Lord Sydney, one of your
"Majesty's Principal Secretaries of State to the Lord President
"of the Council; signifying that a great Number of your Maj-
"testy's loyal Subjects who have been driven from their Habita-
"tions within the revolted Colonies having taken refuge in the
"Province of Nova Scotia, and settled upon the Banks of the
"Rivers St. John and St. Croix, and the country adjacent, with
"a considerable Body of disbanded soldiers who must of course
"be put to great inconvenience in having recourse to the Courts
"of Justice by their distance from the present Seat of Govern-
"ment at Halifax, and His Majesty having taken the same into
"His Royal Consideration has thought it proper that the Pro-
"vince of Nova Scotia should be divided into two parts, by
"drawing the line of separation from the Mouth of the Musquat
"River to it's source, and from thence across the Isthmus into
"the nearest part of the Bay Verte, and that the Tract of Country
"bounded by the Gulph of St. Lawrence on the East, the Pro-
"vince of Quebec on the North; the Territories of the United
"States on the West, and the Bay of Fundy on the South; should 
"be erected into a Government under the Name of New Bruns-
"wick with a Civil Establishment suitable to it's Extent; That
"the part of the Province of Nova Scotia remaining, should have
"annexed to it the Islands of Cape Breton and St. John, and
"that Lieutenant Governors should be appointed to each of the
"said Islands with a proper Establishment on the former, sub-
"ordinate to Nova Scotia, and that the same System of Civil
"Constitution should be Established, thro' the whole, except
"upon the Island of St. John, which it is intended should con-
"tinue governed by it's own laws; And your Majesty having
"directed this Committee to consider what Form of Govern-
"ment will be proper to be Established in the said province and 
"Island, together with an Estimate of the Expence of defraying
"the necessary Civil Establishments and Report Our Opinion
"thereupon to your Majesty in Council; The Lords of the Com-
"mittee, in Obedience to your Majesty's said Order of Reference
"have this Day taken the same into their Consideration, and do
"Report as their Opinion to your Majesty, That the Civil Con-
"stitution of the Governments to be Erected should be as analo-
"gous to that of Nova Scotia, as circumstances will admit; And
"humbly submit to your Majesty the following Estimates of
"the Annual Expence of the Civil Establishment for the Province
"of New Brunswick and for the Island of Cape Breton, to com-
"'mence on the 24th of this instant June viz.
 
 

"NEW BRUNSWICK

£
s d
"To the Salary of the Governor
1000
0 0
"To
-- Do --
Chief Justice
500
0 0
"To
-- Do --
Attorney General
150
0 0
"To
-- Do --
Secretary, Register and Clerk of
the Council
250
0 0
"To
-- Do --
Naval Officer
100
0 0
"To
-- Do --
Surveyor General of Lands
150
0 0
"To Stipends and allowances to Ministers
300
0 0
"To the Salary of an Agent
150
0 0
"To an allowance on account for unforeseen Contin-
gencies
500
0 0
£3100 0 0

 

"CAPE BRETON

 
"To the Salary of the Lieutenant Governor
300
0 0
"To
-- Do --
The Chief Justice
300
0 0
"To
-- Do --
The Attorney General
100
0 0
"To
-- Do --
Secretary & Register & Clerk of
the Council
150
0 0
"To
-- Do --
Naval Officer
100
0 0
-- Do --
The Provost Marshall
100
0 0
-- Do --
The Minister
70
0 0
-- Do --
The Surveyor General
100
0 0
-- Do --
The Agent
100
0 0
"To an allowance for Contingencies
130
0 0
"To
-- Do --
on Account for Fees on the Receipts
Audits
100
0 0
£1750 0 0

    "The whole of which will amount to a £4850; The Lords of
"the Committee however beg leave to Observe to your Majesty,
"that a considerable part of the Expence so to be incurred, will
"be compensated by savings to be made on the present Estab-
"lishments of Nova Scotia, and the Island of St. John to com-
"mence the lst of January next to the amount of £2619/8/0 so
"that the total increase of Expence will be £2230/0/12s per
"annum, which Expence the Committee is of Opinion, will be
"well warranted by the expediency of the Measure your Majesty
"has thought proper to adopt, and the great advantages that
"are reasonably to be expected from it -- and the Committee,
"in Order to carry into Execution what is above proposed, in
"case your Majesty should be graciously pleased to approve
"thereof, do humbly recommend it to your Majesty that the
"Right Honourable the Lords, Commissioners of Your Majesty's
"Treasury, and the Right Honourable Lord Sydney, one of
"your Majesty's Principal Secretaries of State, should receive
"your Majesty's Pleasure for the Appointment of the Officers
"necessary for the Administration of Government so far as
"relates to their respective Departments." --------

    HIS MAJESTY taking the said Report into Consideration, was
pleased, with the advice of His Privy Council, to approve
thereof, and also of the Estimates of the Annual Expence of the
said Establishments, and to Order, as it is hereby Ordered, that
the Right Honourable Lord Sydney, One of His Majesty's
Principal Secretaries of State, do receive His Majesty's Royal
Pleasure for the appointment of the several Officers proposed
as necessary for the Administration of Government, so far as
relates to his Department.

(Sgd.) W. FAWKENER.

Transcriber's Remarks

The above order in council is generally cited as the founding act of New Brunswick.

Transcribed by Craig Walsh.
October 2001.

Source
New Brunswick. Revised Statutes of New Brunswick, 1952. Vol. IV. Fredericton: Queen's Printer for New Brunswick 1952. pp. 5 - 7.

Return to Key Dates in the Creation of New Brunswick.

This page was prepared by Craig Walsh.
First Posted 10 October 2001.